SHIVNANDAN Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal, under Sec. 374 of the Cr.P.C., arises out of the judgment dtd. 15/3/2001 passed by IInd Additional Sessions Judge, Ashoknagar, District Guna in Sessions Trial No.50/2000, whereby the appellant stands convicted for the offence punishable under Sec. 392 read with 34 of IPC and sentenced to undergo R.I. for 7 years with fine of Rs.7000.00 in default to suffer SI for quarter to two years and under Sec. 302 read with Sec. 34 of the IPC to undergo rigorous life imprisonment with fine of Rs.5000.00 in default to suffer SI for 5 years, with the direction that the custodial sentences shall run concurrently.

(2.) Prosecution story, as found proved is spread over three dates, and is summarized thus:

(3.) During investigation, spot map (Ex.P/8) was prepared. Complaints (Ex.P/3 to Ex.P/7) were recovered from the dead body of deceased seized vide seizure memo (Ex.P/9). The dead body was sent for post mortem examination and thereafter its viscera was recovered vide seizure memo (Ex.P/12). Post mortem of the deceased was conducted by Dr. D.K.Jain (PW6), who noted following injuries on the body of deceased vide autopsy report (Ex.P/10):